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The Audiovisuals Evidence Rules Of The Criminal Suit

Posted on:2005-07-25Degree:MasterType:Thesis
Country:ChinaCandidate:W Q SongFull Text:PDF
GTID:2156360125465068Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The legal system of the lawsuit is one of the important contents and marks of the modern legal system , it is the important guarantee of running the country according to law. Whether the lawsuit system exists , perfect or not , directly determines the effect of the body law really.If there is not relevant lawsuit system to depend on, the body law will only be "moon in the water, flowers in the mirror". The evidence rule of the lawsuit is the evidence criterion which can be operated in the lawsuit practice, If is the evidence operational procedure of practibility and regularity,the evidence criterion of legal effect, the legal yardstick in the judicial practice. The evidence is a key question in the lawsuit, is the basis of making a verdict. If there is not evidence, judicial authority can't handle a case and make a verdict; If there is not evidence, proposer side can not win a lawsuit. So, the evidence has very important meaning and function in the lawsuit. The human history is constantly developing forward, the evidence rule is constantly changing and upgrading with the development of the history, the kind of the evidence emerges in an endless stream too. The human society has experienced the era of from " Deity demonstrates" to "testimony of a witness"; from "testimony of a witness" to " material evidence". Since the seventies of the 20th century, the swift and violent development of science and technology, the high, precise, advanced science and technology such as elechtronic technology, voice print technology and so on is widely applied. Especially those advanced technologies are introduced into the lawsuit field , a kind of new-type lawsuit evidence has emerged –" audiovisuals". If marks that the human lawsuit history has opened a new chapter and the human beings have striden into the era of " high- precise technological era from the era of material evidence. In order to comply with the need of judicial development and the trend of development in science and technology, our country has established the independent evidence position of the audiovisuals in the three major laws of legal procedure, and has regard it as a new kind of evidence into the laws of legal procedure, this is a great invention in the lawsuit of our country, Other countries only list it in a certain existing evidence kind . The audiovisuals, this high precise technological evidence, puts forward to the administration of justice, Have already become the focus that the Chinese and foreign law circles have paid close attention to. At present our procedure law has made some regulations to the audiovisuals, but still "a ridiculously inadequate effort to save a grave situation", lackings the practical evidence rule, and the study on the question in the law circles lays particular stress on the theory at present, lackings actual operation. So, it is very essential to carry on further investigation on evidence rule question of the audiovisuals. Given that the audiovisualses all occupy a tiny space in three major law of legal procedures, The legal relation, lawsuit purpose, procedures, tasks of these three major law of legal procedures each treatment are very different, So evidence rules should be different, different audiovisuals evidence rules should be established . This thesis only Probes into the audivovisuals evidence rule of criminal suit. In hopes of playing a certain role in applying the audiovisuals in the judicial practice, giving a hand to construct the evidence rule of audiovisuals. First of all, the concept of the audiovisuals is probed into. The law circles have different conceptions about the defimition of audiovisuals at present. For instance audio-video materialses, audio-video evidences, audio-video material evidence, computer evidence, audiovisual evidence, evidence materials etc. The author refutes their opinions in many aspects, and proves their views inadvisable and draws the conclusion that it is correct to adopt the name of audiovisuals on legislative level, which reflects its ess...
Keywords/Search Tags:The audiovisuals, Evidence rule, Criminal evidence rule
PDF Full Text Request
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